What makes a Vehicle a Motor Vehicle

[DCLXVI]

Originally Posted by truthmatrix

Their codes clearly state all motor vehicles are required to be registered. Further only those who have a state issued licence can operate a state regulated motor vehicle.

Ingels v. Boteler 308 U.S. 57

The motor vehicle license or registration fee is a privilege tax levied in exercise of the police power to control and regulate travel on the public highways. It is not considered as a tax on the motor vehicle itself, but for the privilege of using the highways. Blashfield, Cyc. of Automobile Law, Permanent Edition, Sec. 212, Vol. 1, p. 158. A license to operate a motor vehicle is granted under the inherent right of the state or municipality to regulate its use on the public highways or streets. Ibid., Sec. 211, p. 157. The only automobiles required to be registered under the California Motor Vehicle Act are vehicles used upon the public highway (Cal. Stats. 1927, p. 1424, Sec. 11; California Standard Finance Corp. v. Riverside Finance Co., 111 Cal. App. 151, 163, 295 P. 555);

Panhandle E. Pipe Line Co. v. State Highway Comm. (1934), 294 U.S. 613, 619, 622, 79 L.Ed. 1090, 55 S.Ct. 563.

A claim that action is being taken under the police power of the state cannot justify disregard of constitutional inhibitions. Schlesinger v. Wisconsin, 270 U.S. 230, 240, 70 L. ed. 557, 564, 46 S. Ct. 260, 43 A. L. R. 1224; Georgia Power Co. v. Decatur, 281 U. S. 505. 508, 74 L. Ed. 999, 1003, 50 S. Ct. 383; Southern R. Co. v. Virginia, supra (290 U. S. 196, 78 L. ed. 265, 54 S. Ct. 148).

So what can be done under police powers?

[truthmatrix]

Originally Posted by DCLXVI

So what can be done under police powers?

DCLXVI,


Motor Vehicle Act

constitution


It seems you have answered your own question.

Peace in mind body and soul.

TM

[DCLXVI]

I still do not see what makes a vehicle a motor vehicle in any construction thus far.

[gldskr]

Originally Posted by DCLXVI

What is the assumption that I the applicant make when one registers their Automobile as a Motor Vehicle?
That you are the natural person as described in the definition.

Where have you found "person" to mean "fictional entity"?
The rules of statutory construction demand it.

What about the word "person" did the legislature intend to change when they placed "Natural person" in the list of things a person is?
A natural person may designate himself to be a fictional entity if he so chooses.

Are you saying that the original application for registration is what makes the car deemed to be a motor vehicle?
Yes because you have determined it to be so. A certificate of title is prerequisite to the registration though.

Originally Posted by DCLXVI

What is the department being protected against? I guess they want me to believe that is for the case when somebody sues them for simply registering the car to the wrong person. However it could also be read to mean to protect a financial interest of the state.

The state has no financial interest in the vehicle. It is protecting itself against any potential lienholders of the vehicle. Because of the many codes that allow seizure of the motor vehicle, the state needs to know who have security interests in it. That is why they issue a Certificate of Title evidencing ownership and security interests. It is a title insurance policy. They wouldn't want to sell your seized vehicle would they if their buddy the bank has first dibs on it?

Originally Posted by DCLXVI

It should also be noted that bonding the car with the state against claims and having the state holding the bond could right there make the vehicle, a motor vehicle. The vehicle would be in commerce and subject to provisions in the ucc. I would think.

No, the vehicle is a vehicle up until the point it is registered. Application for Registration is the same as listing for taxation. Vehicles are not required to be registered, only motor vehicles. The state could just as easily tax your vehicle as personal property, they choose not to. They prefer the "self assessment " method.

Bonding the car with the state indemnifies them because they will be issuing a title insurance policy, which secures the interests of the lienholders.

Originally Posted by DCLXVI

As it has been stated before the state has an interest in regulating the use of objects that are not being used by their sole owners.

If the use falls within commerce yes. If it does not, the regulation can only apply incidental to use, not the use itself. Here we're talking about traffic regs. and these traffic regs. can only be enforced if there is an injured party.

Originally Posted by DCLXVI

So what can be done under police powers?

To regulate and enforce the actions of motor vehicles and their drivers, while leaving the rest of us alone.

gldskr

[rentiap]

Who assigns the designation of the name of something to private property?

[DCLXVI]

Originally Posted by rentiap

Who assigns the designation of the name of something to private property?

The owner I would guess. I think we are talking about classification however. I might name my boat "The Queen Anne" however it would still be a "boat" or "yacht". Thanks


: )

[DCLXVI]

Originally Posted by gldskr

No, the vehicle is a vehicle up until the point it is registered. Application for Registration is the same as listing for taxation. Vehicles are not required to be registered, only motor vehicles.

gldskr

There are statutes allowing for the registration of "vehicles."

So where in law does it state that when I apply to register my vehicle, whether or not required, it becomes a motor vehicle.

Assuming what you say is true about only "motor vehicles" being required to register, where does it state that vehicles not required to be registered under the code, become "motor vehicles"?

I see nowhere yet that says that a vehicle becomes a motor vehicle simply because it is registered. Is there a construction of multiple laws that I am missing?

[DCLXVI]

Where have you found "person" to mean "fictional entity"?

Originally Posted by gldskr

The rules of statutory construction demand it.

What rules of statutory construction specifically demand this?

[DCLXVI]

Originally Posted by Gldskr

That is why they issue a Certificate of Title evidencing ownership and security interests.

I believe you are wrong on this point.

Why does the state issue a "certificate of ownership", if the "certificate of title" is the same thing?

[gldskr]

Originally Posted by DCLXVI

There are statutes allowing for the registration of "vehicles."
I suspect so, but allowing isn't the same as requiring and I doubt private automobiles are included within those classifications

So where in law does it state that when I apply to register my vehicle, whether or not required, it becomes a motor vehicle.
You wont find it in the "law", but the application itself will describe what it is that you are applying for.

Assuming what you say is true about only "motor vehicles" being required to register, where does it state that vehicles not required to be registered under the code, become "motor vehicles"?
There are codes that specifically exempt certain vehicles from registration that are deemed to be motor vehicles. These are usually those of governmental entities. The purpose of registration is to generate revenue, it would be redundant for governments to tax themselves.
In regard to private automobiles, why would the state concern itself with subjects not required?

I see nowhere yet that says that a vehicle becomes a motor vehicle simply because it is registered. Is there a construction of multiple laws that I am missing?
There is no single statute that entails what you describe. The code must be read in its totality to understand who and what the statutes apply. Where is the law that makes me liable for an Income tax? You are asking me the same regarding registration. The answer is the same in both cases. That is why we must self assess ourselves.

Where have you found "person" to mean "fictional entity"?

What rules of statutory construction specifically demand this?

Ejusdem generis - Of the same kind, class or nature. In the construction of laws, wills and other instruments, the "ejusdem generis rule" is, that where general words follow an enumeration of persons or things, by words of a particular and specific meaning, such general words are not to be construed in their widest extent, but are to be held as applying only to persons or things of the same general kind or class as those specifically mentioned. U.S. v. LaBrecque, D.C.N.J., 419 F.Supp. 430,432.

Originally Posted by DCLXVI

Why does the state issue a "certificate of ownership", if the "certificate of title" is the same thing?

Are they the same thing and in what instance does the state issue a certificate of ownership?

gldskr